REDEFINING THE RULE OF LAW: IN SEARCH OF A UNIVERSAL SOCIAL DIMENSION

Abstract

Bearing in mind that there exists no universally accepted definition of the rule of law, this paper sets out to identify its commonly agreed core, and to expand it by adding substantive elements. While the core is not controversial, the second part of the rule of law framework, comprising social welfare rights, essentially aims to revisit classical accounts of the rule of law. The analysis involves the frequently ignored social dimension of the rule of law, defending the necessity of its translation into a substantive element of the definition. Some general arguments are offered explaining why social rights protection should be included in the definition of the rule of law.